Wiretapping. Eavesdropping. Spying. No business or school
wants to be accused of violating the privacy rights of occupants
when using audio surveillance. Fortunately, you can eliminate
any accusations of illegal monitoring by following federal and
state law.

Section 18 of U.S. Code 2511 provides a federal precedent that
applies to audio surveillance: capturing wire, oral or electronic
communication is prohibited unless consent has been secured.

According to the Code, “It shall not be unlawful under thischapter for a person not acting under color of law to intercepta wire, oral or electronic communication where such person isa party to the communication or where one of the parties to thecommunication has given prior consent to such interceptionunless such communication is intercepted for the purpose ofcommitting any criminal or tortious act in violation of theConstitution or laws of the United States or of any State.”While many states have adopted the statute’s language,others have gone a step further and require all-party consent,meaning every individual present must give permission to havecommunications monitored (see map below). But don’t view thisas an onerous mandate. You already gain implied consent fromoccupants when you post a sign that there is video surveillance;simply include a posting that says audio is being monitored andyou’re in the legal clear. Because you have done your due dili-gence and notified occupants of these practices, your building nolonger carries an expectation for privacy like their home does.